Changes to Public Charge Rule Will Harm Immigrant Families

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The Trump Administration recently announced proposed changes to the "public charge" rule which would deny green cards to immigrants if they ever applied for and received public benefits, such as food stamps (SNAP), public housing, Section 8 housing vouchers and rental assistance, non-emergency Medicaid, Medicare Part D, and Supplemental Security Income (SSI) , making it easier to discriminate against those who work low-wage jobs and may not meet the new income threshold ((earning less than 250% of the federal poverty line which is $62,750 for a family of four). These changes could also deny entry into the U.S.

"Every day, huge corporations and the wealthy live without consequences when they receive tax cuts and other government subsidies. The Trump Administration is showing their true colors as they viciously go after low-income and working-class immigrants who access critically important public benefits that they themselves help fund through taxes they pay. These programs improve people's health, well-being, and economic security. If this rule is approved, it would have a devastating impact on millions of individuals and families across the country, including those who only want to be reunited with their families. This latest attack is a backdoor method to keep citizenship and family reunification out of reach for immigrants. We must act together to stop this," stated Sookyung Oh, NAKASEC DC Area Director.

For our community members, further details will be provided in the coming days. In the meantime, please note the following:

The proposed changes would not be retroactive. Any benefits used before the rule's effective date will not be considered in the public charge determination.

Receipt of public benefits by U.S. citizen children will not directly be a factor in a parents' public charge test.

The proposed changes to the public charge determination does not apply to individuals applying for naturalization.

Since there is no new admissions test for people renewing, proposed changes to public charge determination will not apply.

Non-cash benefits that provide education, child development, and employment and job training are excluded from the public charge determination under current law and the proposed rule.

The proposed rule does not interpret or expand the public charge ground of deportability.

There will be a public comment period before the proposal moves forward. Please contact NAKASEC at 703.256.2208, KRC at 323.937.3703 or HANA Center at 773.583.5501 to find out more or with any questions.